| Matter of Mitchell v Sanders |
| Motion No: 2009-07370 |
| Slip Opinion No: 2009 NY Slip Op 81900(U) |
| Decided on August 28, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M91413
E/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2009-07370 In the Matter of Brian Vaughn Phillip Mitchell, appellant, v Dawn Sanders, respondent. (Docket Nos. V-3425/07, V-32228/08)
| DECISION & ORDER ON MOTION |
Motion by Brian Vaughn Phillip Mitchell for leave to appeal to this court from an order of the Family Court, Kings County, dated July 23, 2009, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
SPOLZINO, J.P., SANTUCCI, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court